Microsoft Facing Yet Another Lawsuit

Microsoft has been hit with another class action lawsuit, this one over Xbox Live outages that occurred during the Christmas season.

Filed by the Gibson Law Firm on behalf of plaintiffs Shannon Smith, Keith Kay and Orlando Perez, the suit claims Microsoft breached its contract with Xbox Live subscribers by "failing to allow Plaintiffs to sign on or use XBOX [sic] Live; failing to provide Plaintiffs with the full features paid for, including, but not limited to, "match-making" and "account recovery;" and failing to provide uninterrupted service to online gamers." The suit, which also alleges breach of warranty and negligent misrepresentation, claims damages to the Plaintiffs "including expenses associated with XBOX Live memberships."

In its statement of facts, the lawsuit reads, "In December 2007, XBOX Live crashed and prevented Plaintiffs around the world from accessing online play for several weeks. XBOX Live is Microsoft's gaming membership that provides gamers to access Microsoft's servers for online gaming. XBOX Live continues to deny subscribers access and has even issued apologies for their failure to correct server problems. Over eight (8) million gamers worldwide subscribe to XBOX Live."

"Specifically, interruptions in game-play kicked many Plaintiffs offline of XBOX Live and displayed messages such as "Server Error." Other Plaintiffs have been unable [to] sign into XBOX Live at all or use the advertised features such as "match-make" or "account recovery," despite paying for these services in their yearly subscription dues," it continues. "Many Plaintiffs purchased new subscriptions specifically to play online during the holidays. In the last three months of 2007, Microsoft sold over four (4) million XBOX console units. This increase in console purchases led to a substantial increase in XBOX Live subscriptions. Microsoft knew the increase in subscriptions would increase game-play on its servers yet failed to provide adequate access and service to XBOX Live and its subscribers."

The suit comes on the heels of Microsoft's apology for "intermittent" service issues with Xbox Live during the holidays. In that statement, Microsoft claimed the Xbox Live service was never completely offline at any given time, but also announced it would be offering a free Xbox Live Arcade game download as a token of thanks for their customers' loyalty. The full text of the class action lawsuit against Microsoft is available here. (PDF format)

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All I can say is what a bunch of loser retards.

So where does it say that microsoft didn't even try to help? Did the yeven tried to call some kind of help center of theirs?

And what's wrong with the law in this news article? I'm kind of confuzzled...

This is ridiculous, these three idiots are suing Microsoft because XBOX Live went down for them. It's fair enough that they're not happy about the lack of service over the festive and new year period but a lawsuit?

Not to mention, if i'm reading this right but $5 Million? where does that figure come from? If theres only these three people involved in this lawsuit then how does $5 Million sound like an 'optimal' amount to sue Microsoft for? And surely, if this is on behalf of XBOX Live users worldwide... then, shouldnt they really sue for an action that would force Microsoft to make up for the problems (which they already are doing it seems).

If i've misunderstood all this can someone please explain heheh, I'm just in disbelief really.

people can get sued for anything nowadays. If it was a simple case of lack of service, microsoft could simply offer people an extra month on top of their accounts as a coutresy, but these fuckers will be suing for mental trauma, breach of contract... well i dunno official legal stuff, but i hope you're gettin the picture. One day, microsoft will get closed down cos of some retard suing em, then all the people that whine about their OS will find that they have to use a mac or linux to play their games... yay?

McMo0^:
people can get sued for anything nowadays. If it was a simple case of lack of service, microsoft could simply offer people an extra month on top of their accounts as a coutresy, but these fuckers will be suing for mental trauma, breach of contract... well i dunno official legal stuff, but i hope you're gettin the picture. One day, microsoft will get closed down cos of some retard suing em, then all the people that whine about their OS will find that they have to use a mac or linux to play their games... yay?

Yeah I understand about the idiots that abuse their lawyers for this sort of thing. It's just unbelievable is all. I don't know anything about how these things pan out in America but I just hope the people that make the final decision can step back and think "hang on what's the point?" and maybe get these people done for wasting time.

I dont know what "damages" people are expected to be compensated for, at best they will probably just get their 40 or 60 dollars for the years subscription.

Get a fucking PC and get in on the REAL online gaming circiut. I enjoy XBL but seriously, get a fucking life.